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08-19-87 Public Safety
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08-19-87 Public Safety
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City Council - City Clerk
City Council - Document Type
Committee Mtg Minutes
City Counci - Date
8/19/1987
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R <br /> Public Safety Committee <br /> Minutes/August 19 , 1987 <br /> Page 2 <br /> with vicious dogs and American Pit Bull Terriers. She stated <br /> that there are several national statistics which should be high- <br /> lighted , namely : <br /> - 21 of 29 dog bite deaths in 1983 were caused by pit bull <br /> terriers <br /> 7 of 11 dog bite deaths in 1986 were caused by pit bull <br /> terriers <br /> - all five (5) dog bite deaths this year were caused by <br /> American Pit Bull Terriers <br /> She stated that there is ample evidence for the City of <br /> South Bend to reasonably regulate for the protection of its <br /> citizens and their public health, safety and welfare. She stated <br /> that the City must impose reasonable regulations which delicately <br /> balance the rights of those persons who wish to own dogs and <br /> those who do not. In specific reviewed cases dealing with <br /> vicious dogs and American Pit Bull Terriers , there are some <br /> common threads throughout . <br /> - Those laws which have been struck down have been held to <br /> violate specific state laws. <br /> - Those which have been struck down have had excessive <br /> criminal penalties within them. <br /> - Those which have been struck down have banned ownership <br /> entirely. <br /> - Those which have been struck down have been found to be <br /> constitutionally vague. <br /> She noted that in particular , some of the cases at the district <br /> court level have held that such ordinances do not violate the <br /> equal protection or due process clause of the 14th Amendment of <br /> the United States Constitution. She further indicated that a <br /> well known U.S. Supreme Court opinion handed down in 1938 has <br /> been referenced , which opinion held "that once the legislature <br /> has drawn a classification , neither the finding of a court <br /> arrived at by weighing the evidence, nor the verdict of the jury <br /> can be substituted for it." She then briefly highlighted some of <br /> the information from the Humane Society of the United States. In <br /> their July 1979 publication, they stated "the pit bull terrier is <br />
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